SB484 (2008) Detail

(New Title) establishing a commission to study the sentencing, incarceration, and recidivism of criminal offenders in order to enhance public safety and improve the criminal justice system's cost effectiveness.


CHAPTER 376

SB 484 – FINAL VERSION

03/13/08 0949s

30Apr2008… 1318h

06/04/08 2001CofC

06/05/08 2169eba

2008 SESSION

08-2794

04/09

SENATE BILL 484

AN ACT establishing a commission to study the sentencing, incarceration, and recidivism of criminal offenders in order to enhance public safety and improve the criminal justice system's cost effectiveness.

SPONSORS: Sen. Hassan, Dist 23; Sen. Burling, Dist 5; Sen. Sgambati, Dist 4; Sen. Janeway, Dist 7; Sen. D’Allesandro, Dist 20; Rep. Marshall Quandt, Rock 13; Rep. W. Knowles, Straf 6; Rep. D. Cote, Hills 23; Rep. Welch, Rock 8

COMMITTEE: Public and Municipal Affairs

AMENDED ANALYSIS

This bill establishes a commission to study the sentencing, incarceration, and recidivism of criminal offenders in order to enhance public safety and improve the criminal justice system's cost effectiveness.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/13/08 0949s

30Apr2008… 1318h

06/04/08 2001CofC

06/05/08 2169eba

08-2794

04/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eight

AN ACT establishing a commission to study the sentencing, incarceration, and recidivism of criminal offenders in order to enhance public safety and improve the criminal justice system's cost effectiveness.

Be it Enacted by the Senate and House of Representatives in General Court convened:

376:1 Commission Established. There is established a commission to study the sentencing, incarceration, and recidivism of criminal offenders in order to enhance public safety and improve the criminal justice system's cost effectiveness.

376:2 Membership and Compensation.

I. The members of the commission shall be as follows:

(a) One member of the senate, appointed by the president of the senate.

(b) Three members of the house of representatives, appointed by the speaker of the house of representatives.

(c) The commissioner of the department of corrections, or designee.

(d) The attorney general, or designee.

(e) One member appointed by the chief justice of the New Hampshire supreme court.

(f) The administrative judge of the district court, or designee.

(g) The administrative judge of the judicial branch family division, or designee.

(h) One member from the New Hampshire Sheriff’s Association, appointed by that association.

(i) One member from the New Hampshire Association of Chiefs of Police, appointed by that association.

(j) One member from the New Hampshire Public Defender’s Office, appointed by that organization.

(k) One member from the New Hampshire Police Association, appointed by that association.

(l) One member from the National Alliance on Mental Illness-New Hampshire, appointed by that association.

(m) One county attorney in New Hampshire appointed by the New Hampshire Association of Counties.

(n) One county superintendent in New Hampshire appointed by the New Hampshire Association of Counties.

(o) A county administrator, appointed by the governor.

(p) A representative of the New Hampshire superior court, appointed by the administrative judge of the superior court.

(q) A representative of the judicial council, appointed by the council.

(r) A representative of the New Hampshire Bar Association, appointed by that organization.

(s) A representative from a New Hampshire business, appointed by the governor.

(t) A representative from the Tuck School of Business at Dartmouth College, appointed by the Dean of the Tuck School.

(u) A Plymouth state university faculty member with expertise in the field of criminal justice, appointed by the president of the university.

(v) An individual who shall be the governor's designee, appointed by the governor.

(w) A representative of the New Hampshire Charitable Foundation, appointed by the Foundation.

(x) A representative of the interbranch criminal and juvenile justice council, appointed by the council.

II. Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.

376:3 Duties. The commission shall study the sentencing and related incarceration and monitoring of criminal offenders in order to enhance public safety, honor the rights of victims, reduce recidivism rates, and improve the criminal justice system's cost effectiveness. The duties shall include, but not be limited to:

I. Consideration of the current methods of incarcerating or monitoring nonviolent offenders.

II. The role of substance abuse and mental illness in the commission of crimes and in current rates of recidivism.

III. Current best practices for reducing recidivism.

IV. Evaluation of the current overall costs of sentences of incarceration in the New Hampshire corrections system.

V. The identification of cost savings that may be achieved through improved treatment programs, enhanced community transition practices, and expanded sentencing options within the corrections system.

376:4 Chairperson; Quorum. The members of the commission shall elect a chairperson from among the members. The first meeting of the commission shall be called by the first-named senate member. The first meeting of the commission shall be held within 45 days of the effective date of this section.

Ten members of the commission shall constitute a quorum.

376:5 Report. The commission shall report its findings and any recommendations for proposed legislation to the president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before November 1, 2008.

376:6 Effective Date. This act shall take effect upon its passage.

Approved: July 11, 2008

Effective Date: July 11, 2008